A Bench comprising Justice Satish Chandra Sharma and Justice Devendra Kumar Upadhyaya passed the order on Monday, while allowing a criminal appeal filed by Faizan Fida Bhat.
Bhat is facing trial for offences under Sections 302 and 120-B of the Indian Penal Code (IPC) and Sections 7 and 27 of the Arms Act.
He had approached the apex court challenging a judgment dated June 5, 2026, passed by the Jammu and Kashmir and Ladakh High Court at Srinagar, which had rejected his bail application.
During the hearing, counsel for the appellant submitted that Bhat had spent approximately five years and ten months in custody and that the trial was likely to take considerable time to conclude.
Opposing the plea, the State submitted that 42 of the 45 cited witnesses had been examined and that two prosecution witnesses remained to be examined.
After considering the submissions, the Supreme Court observed that, in view of the overall facts and circumstances, particularly the prolonged period of incarceration undergone by the appellant as an undertrial prisoner, the case warranted the grant of bail.
Consequently, the Bench set aside the High Court’s June 5 judgment and directed that Bhat be released on bail upon furnishing bonds to the satisfaction of the trial court, subject to such further terms and conditions as the trial court may impose.
The Court also directed the appellant not to directly or indirectly induce, threaten or make any promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts before the court.
It clarified that any breach of the bail conditions or unjustified absence from trial proceedings could result in cancellation of bail.
Further, the apex court requested the trial court to expedite the proceedings and conclude the trial as expeditiously as possible, preferably within four months from the date of its order.
The Bench made it clear that its observations and the grant of bail should not be construed as findings on the merits of the case. (KDC)
